HomeMy WebLinkAboutC2011-302 - 8/30/2011 - ApprovedCITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277,
Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly
authorized City Manager or Designee (Director of Engineering Services) and AGICK
Inc. a Texas corporation, 713 Coleman, Corpus Christi, Nueces County, Texas 78401,
Construction Manage rllnspector, hereby agree as follows:
1. SCOPE OF PROJECT ( Project 8603 ON Stevens Water Treatment Plant)
O.N Stevens Water Treatment Plan Electrical Distribution Improvements consisting of
the following:
A. The removal of the existing Pre - Sedimentation Basin Motor Control Center,
transformer, and feeder, removal of panels DPA and DPB in Filter 1 -12 Building,
removal of Primary Sedimentation Basin No. 3 & 4 Motor Control Centers, removal of
Wash Water distribution panelboards in Filter 13 -22 pipe gallery, and removal of motor
starters, panelboards, disconnect switches, motor control centers and unit substations
located in Chemical Building.
B. The installation of a new Power Control Rooms (PCRs) No. 7, 8, & 9 with switchgear,
main -tie -main motor control center, transformers, panelboards, new 5kv primary loop,
installation of fiber optic communications, and refeeding of existing equipment to
remain.
C. The sequence of work shall require installation, startup, and full operation of the new
systems in accordance with the plans, specifications, and contract documents.
2. SCOPE OF SERVICES
The Construction Management Firm (CM) hereby agrees, at its own expense, to
perform construction management/inspection services necessary to manage the
construction process of this project. In addition, CM will provide monthly status updates
(project progress or delays, Gantt charts presented with monthly invoices, confirm
changes to the Contractor's contract, confirm monthly draws by the Contractor) and
provide contract inspection services, as described in Exhibit "A" to complete the
Project. Work will begin on these Services upon award of project to the successful
Contractor and written authorization is provided by the Director of Engineering Services.
3. ORDER OF SERVICES
The Construction Management firm agrees to begin work on those authorized Basic
Services for this contract upon receipt of the Notice to Proceed from the Director of
Engineering Services. Work will not begin on any phase or any Additional Services until
requested in writing and subsequently written authorization is provided by the Director
of Engineering Services. The anticipated schedule of the construction phase is shown
on Exhibit "A ". This schedule is not to be inclusive of all additional time that may be
and may be amended only with the concurrence of the Director
2011-302
M2011 -192
08/30/11
AGCM INDaCOED
The Director of Engineering Services may direct the CM to undertake additional
services or tasks provided that no increase in fee is required. Services or tasks
requiring an increase of fee will be mutually agreed and evidenced in writing as an
amendment to this contract. CM shall notify the City of Corpus Christi within three (3)
days of notice if tasks requested requires an additional -fee,
4. MANDATORY REQUIREMENTS
CM agrees to the mandatory contract and insurance requirements as set forth in
Exhibit "B ".
5. FEE
The City will pay the CM a fee, as described in Exhibit "A ", for providing services
authorized. Monthly invoices will be submitted in accordance with Exhibit "D ".
6. TERMINATION OF CONTRACT
The City may, at any time, with or without cause, terminate this contract upon seven
days written notice to the CM at the address of record, In this event, the CM will be
compensated for its services on all stages authorized based upon CM and City's
estimate of the proportion of the total services actually completed at the time of
termination.
7. LOCAL PARTICIPATION
The City Council's stated policy is that City expenditures on contracts for professional
services be of maximum benefit to the local economy. The CM agrees that at least 75%
of the work described herein will be performed by a labor force residing within the
Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of
the work described herein will be performed by a labor force residing outside the Corpus
Christi Metropolitan Statistical Area (MSA.)
8. ASSIGNABILITY
The CM will not assign, transfer or delegate any of its obligations or duties in this
contract to any other person without the prior written consent of the City, except for
routine duties delegated to personnel of the CM staff. If the CM is a partnership, then in
the event of the termination of the partnership, this contract will inure to the individual
benefit of such partner or partners as the City may designate, No part of the CM fee
may be assigned in advance of receipt by the CM without written consent of the City,
The City will not pay the fees of expert or technical assistance and consultants unless
such employment, including the rate of compensation, has been approved in writing by
the City.
9. OWNERSHIP OF DOCUMENTS
All documents including contract documents (plans and specifications), record
drawings, contractor's field data, and submittal data will be the sole property of the City,
may not be used again by the CM without the express written consent of the Director of
Engineering Services.
10, DISCLOSURE OF INTEREST
CM further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to
complete, as part of this contract, the Disclosure of Interests form attached hereto as
Exhibit "C ".
CITY ,OF RPUS CHRISTI
Johnny Perales, P.E
Assistant City Manager
V15—do-o'l (
Date
A G , M, Inc.
Ajt ho ' resentative Date
Derwood Anderson
President
0:Cole] lyi I ji 14, 1 11014 93,
P to e Anaya, P.E. Date
Director of Engineering Services
APP OVED AS TO FOR
.0
Assistant City Attorney Date
..... ................
F,7 ?(,,,ozV6
EXHIBIT A
CITY OF CORPUS CHRISTI, TEXAS
1, SCOPE OF SERVICES
A. Basic Services
This section defines the scope of services that may be included as part of this
contract. The CM will, with written authorization by the Director of Engineering
Services, do the following:
1. Construction Inspection Services. Provide Project Inspection Services for
the following ON Stevens project per the attached Scope of Services marked
as Exhibit E:
Project 8306, O.N. Stevens Water Treatment Plant
The project will be constructed concurrently for the most part and inspection
shall include all work being accomplished for this project. The fee is based on
working average hours per month per the attached Exhibit F. Total time
allotted for completion of this project is eighteen (18) months. The rate
includes labor, telephone, and mileage. The proposed fee is an allowance
and billings will be based on actual time and any required materials.
2. FEES
A. Fee for Services. For services authorized by the Director of Engineering
Services the City will pay the CM a not -to- exceed fee as per the table below:
Summary of Fees
Fee for Basic Services
1. Construction Inspection Services $261,018
{ Total Authorized Fee 1 $261,018
EXHIBIT " A "
... Page 1 of1
H:%USERS2IHOMEIKEVINSNGE NIWATER$6030NSVVTP ELECTRICALD ISTRIBUT10MAGCMCONTRACTEXH IBITA
Exhibit B
Mandatory Requirements
(Revised September, 2001 )
INSURANCE REQUIREMENTS
!. CONSULTANT LIABILITY_ INSURANCE _.._.
A. The Consultant shall not commence work under this Agreement until he/she has
obtained all insurance required herein and such insurance has been approved by the
City. Nor shall the Consultant allow any subconsultant to commence work until all
similar insurance required of the subconsultant has been so obtained.
B. The Consultant shall furnish two (2) copies of certificates, with the City named as an
additional insured, showing the following minimum coverage in an insurance company
acceptable to the City.
TYPE OF INSURANCE
MINIMUM INSURANCE. COVERAGE
30 -Day Notice of Cancellation required on all
Bodily Injury and Property Damage
certificates
Commercial General Liability including:
$2,000,000 COMBINED SINGLE LIMIT
1. Commercial Form
2. Premises — Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5, Products/ Completed Operations Hazard
6. Contractual Insurance
7. Broad Form Property Damage
8. Independent Consultants
9. Personal Injury
AUTOMOBILE LIABILITY - -OWNED NON -OWNED
$1,000,000 COMBINED SINGLE LIMIT
OR RENTED
WHICH COMPLIES WITH THE TEXAS WORKERS=
WORKERS' COMPENSATION
COMPENSATION ACT AND PARAGRAPH II OF
THIS EXHIBIT
EMPLOYERS' LIABILITY
$100,000
EXCESS LIABILITY
$1,000,000 COMBINED SINGLE LIMIT
PROFESSIONAL POLLUTION LIABILITY/
$2,000,000 COMBINED SINGLE LIMIT
ENVIRONMENTAL IMPAIRMENT COVERAGE
Not limited to sudden & accidental discharge; to include
[ ] REQUIRED
long -tern environmental impact for the disposal of
[X] NOT REQUIRED
contaminants
BUILDERS' RISK
See Section B -6 -11 and Supplemental Insurance
Requirements
[ ] REQUIRED [X] NOT REQUIRED
INSTALLATION FLOATER
$100,000 Combined Single Limit
See Section B -6 -11 and Supplemental
Insurance Requirements
[ ] REQUIRED ]X] NOT REQUIRED
EXHIBIT "B"
Page I of
C. 'In the event of accidents of any kind, the Consultant shall furnish the City with copies
of all reports of such accidents at the same time that the reports are forwarded to any
other interested parties.
II. INDEMNIFICATION AND HOLD .HARMLESS
A. ... Consultant agrees to indemnify,. save harmless and defend the-City -of Corpus
Christi, and its agents, servants, and employees, andr each of them against and
hold it and them harmless from any and all lawsuits, claims, demands, liabilities,
losses and expenses, including court costs and attorneys' fees, for or on
account of any injury to any person, or any death at any time resulting from
such injury, or any damage to any property, which may arise or which may be
alleged to have arisen out of or in connection with the work covered by this
contract. The foregoing indemnity shall apply except if such injury, death or
damage is caused by the sole or concurrent negligence of the City of Corpus
Christi, its agents, servants, or employees or any other person indemnified
hereunder.
B. The Consultant shall obtain workers' compensation insurance coverage through a
licensed insurance company or through self- insurance obtained in accordance with
Texas law. If such coverage is obtained through a licensed insurance company, then
the contract for coverage shall be written on a policy and endorsements approved by
the Texas State Board of Insurance.
If such coverage is provided through self- insurance, then within ten (14) calendar days
after the date the City requests that the Consultant sign the contract documents, the
Consultant shall provide the City with a copy of its certificate of authority to self- insure
its workers' compensation coverage, as well as a letter, signed by the Consultant,
stating that the certificate of authority to self- insure remains in effect and is not the
subject of any revocation proceeding then pending before the Texas Workers'
Compensation Commission. Further, if at any time before final acceptance of the
Work by the City, such certificate of authority to self - insure is revoked or is made the
subject of any proceeding which could result in revocation of the certificate, then the
Consultant shall immediately provide written notice of such facts to the City, by
certified mail, return receipt requested directed to: City of Corpus Christi, Department
of Engineering Services, P. O. Box 9277, Corpus Christi, Texas 78459 - Attention:
Contract Administrator.
Whether workers' compensation insurance coverage is provided through a licensed
insurance company or through self - insurance, the coverage provided must be in an
amount sufficient to assure that all workers' compensation obligations incurred by the
Consultant will be promptly met.
EXHIBIT "B"
Pa e2of3
- - - - - -
- -
MOM-
EXHIBIT "B"
Pa e2of3
GGRGAaRt shall be responsible foF paying all costs neoessaFy to pFGGufe—s4Gh
builder's Fisk insurance rovepage, RG'udiRg aRy dedUGtible- The City shalfl)e-named
Ill. On the certificate of insurance:
• The City of Corpus Christi is to be named as an additional insured on the liability
coverage, except for workers' compensation coverage.
• Should your insurance company elect to use the standard ACORD form, the
cancellation clause (bottom right) shall be amended by adding the wording
"changed or" between "be" and "cancelled" and deleting the words "endeavor to" and
the wording after "left ". If the cancellation clause is not amended in the ACORD form,
then endorsements shall be submitted.
• The name of the project also needs to be listed under "description of operations ".
• At least 10 -day written notice of change or cancellation will be required.
IV. A completed Disclosure of Interest must be submitted with your proposal.
EXHIBIT "B"
page 3 of 3
pity of
COr�US CITY OF CORPUS CHRISTI
C�llt"lSt}1 DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons orfirms seeking to do business with the City
to provide the following information. Every question must be answered. If the question is not applicable, answer with
"NIA ".
FIRM NAME: Anderson Group Construction Ma nagement. Inc.
STREET: P.O. Sox 2682 CITY: — Qpros ChristiM ZIP: 78403
FIRM Is: 1. Corporation X. 2. Partnership, 3. Sole Owner 4. Assoclallon
5. Other _.._�.
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet,
1. State the names of each employee of the City of Corpus Christi having an ownership Interest constituting
3% or more of the ownership In the above named firm.
Name NIA Job Title and City Department (I# known)
2. State the names of each official of the City of Corpus Christi having an ownership interest constituting 3%
or more of the ownership In the above named firm.
Name TUIe
NIA
3. State the names of each board member of the City of Corpus Christi having an ownership Interest
constituting 3% or more of the ownership In the above named firm.
Name Board, Commission or committee
NIA
4. State the names of each employee or officerof a consultant forthe City of Corpus Christi who worked on
any matter related to the subject of this contract and has an ownership Interest constituting 39'0 or more of
the ownership in the above named firm.
Name Consultant
NIA
CERTIFICATE
I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly
withheld disclosure of any Information requested; and that supplemental statements will be promptly submitted to the
City of Corpus Christi, Texas as ha g occur.
Certifying Person: D o e r F Title:_Presids _
Signature of Certifying Person: Date:
EXHIBIT "B"
Pa e 1 of 2
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an
economic benefit on any City official or employee that is distinguishable from the effect that the
action will have on members of the public in general or a substantial segment thereof, you shall
disclose that fact in a signed writing to the City official, employee or body that has been
requested to act in the matter, unless the interest of the City official or employee in the matter is
apparent. The disclosure shall also be made in a signed writing filed with the City Secretary,
[Ethics Ordinance Section 2 -349 (d)]
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement, that I
have not knowingly withheld disclosure of any information requested; and that supplemental
statements will be prong submitted tc the City of Corpus Christi, Texas as changes occur.
Certifying Person; '�] Title:
Cfwe or PrAfi
Signature of Certifying
Person:
Date:
DEFINITIONS
a. "Board member." A member of any board, commission, or committee appointed by the
City Council of the City of Corpus Christi, Texas.
b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to
have an effect on that interest that is distinguishable from its effect on members of the public
in general or a substantial segment thereof.
c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or
part -time basis, but not as an independent contractor.
d. "Firm." Any entity operated for economic gain, whether professional, industrial or
commercial, and whether established to produce or deal with a product or service, including
but not limited to, entities operated in the form of sole proprietorship, as self - employed
person, partnership, corporation, joint stock company, joint venture, receivership or trust, and
entities which for purposes of taxation are treated as non - profit organizations.
c. "Official." The Mayor, members of the City Council, City Manager, Deputy City
Manager, Assistant City Managers, Department and Division Heads, and Municipal Court
Judges of the City of Corpus Christi, Texas.
f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held,
in a firm, including when such interest is held through an agent, trust, estate, or holding
entity. "Constructively held" refers to holdings or control established through voting trusts,
proxies, or special terms of venture or partnership agreements."
g, "Consultant." Any person or firm, such as engineers and architects, hired by the City of
Corpus Christi for the purpose of professional consultation and recommendation.
O. N. STEVENS WATER TREATMENT PLANT ELECTRICAL DISTRIBUTION SYSTEM
Project No. 8603
Invoice No. 123456
Invoice Date:
Basic Services:
Preliminary Phase
Design Phase
Bid Phase
Construction Phase
Subtotal Basic Services
Additional Services:
Permitting
Warranty Phase
Inspection
Platting Survey
O & M Manuals
SCADA
Subtotal Additional Services
Summary of Fees
Basic Services Fees
Additional Services Fees
Total of Fees
Total Amount Previous Total
Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice
Sample form for:
Payment Request
Revised 07127/00
Percent
Complete
$0
$0
$0
$0
$0
$0
$0
NA
0
0
0
0
-
0
0
NA
0
0
0
0
0
0
0
N
261,018
0
0
261,018
30,000
0
30,000
11%
$261,018
$0
$0
$261,018
$750
$0
$30,000
11%
$0
$0
$0
$0
$500
$0
$500
NA
0
0
0
0
0
0
0
NA
0
0
0
0
0
0
0
NA
TBD
TBD
0
TBD
TBD
TBD
TBD
0%
TBD
TBD
TBD
TBD
TBD
TBD
TBD
0%
TBD
TBD
TBD
TBD
TBD
TBD
TBD
0%
$0
$0
$0
$0
$500
$0
$500
#DIV /O!
$261,018
$0
$0
$261,018
$30,000
$0
$30,000
11%
0
0
0
0
0
0
0
NA
$261,018
$0
$0
$261,018
$30,000
$0
$30,000
11%
Exhibit D
Page 1 of 1
�cuN� cir services a«Q.:rnr,�r,[ 4
AGICM, Inc.
Project No. 8603
Project Management Services
Exhibit E
i I. Design Development Phase - Not Included
H. Construction Document Phase
a. Provide Construction Cost Estimate @ 90% Plan Completion
III. Bid Proposal Phase - Not Included
IV. Exclusions - Not Included
V. Construction Phase Services
a. Review and approve safety submittals and proceedures inclusive of Safety Coordination Meetings
b. Monthly Safety Audits
i c. Monitor Submittal Process (Submittals to be managed by Design Engineers)
d. Review and approve Construction Schedule
e. Review and approve Schedual of Values
f. Review and approve Progress Payments
g. Review any request for changes from Contractor, Owner, and Designers
and submit for Owner's approval any recommended changes to the Contractors contract
h. Monitor Daily Work and require Weekly Jobsite Meetings
i. Document non- conforming & defiscient work
j. Final review & Punch List review
k. Substantial Completion Review
I. Final Acceptance
m. Approval of Retainage Payment
VI. Reports to Owner
a. Weekly Reports to Owner describing work in progress on a daily basis
b. Monthly Schedule Updates
c. Monthly Payment Reviews and Recommendations
d. Non - Conforming & Defiscient Work Report (immediately upon discovery)
44 Services 6/9/2011
i
Total MH Avg Rate
44 $186.96
0 #DIV /0!
0 #DIV /0!
1,400 $103.57
0 #DIVlO!
0 #DIVJ0!
852 $113.87
0 #DIV /0!
0 #DIV /O!
0 #DIV /o!
0 #DIV/0!
0 #DIV /O!
0 #DiV1O!
0 #DIVIo!
0 #DIV /0!
68 $158.40
D #Diva
0 #DIV /0I
0 #DIV /0!
0 #DIV /0!
0 #DIV10!
0 #DIV10!
0 #DIV10!
2,364
Attachment 1 ON Stevens Proj 8306 MH Estimate Current Rev 1 6/22/2011
AG!CM, Inc.
Project No. 8603
Project Management Services
Exhibit E
Title /Position
Year Year Year I Year
2011 2012 2013 2014
Total
Construction Phase
0
Pr0'ect Principal
$3,6 ` $4,56
$0',
$0
$8,226
4
Sr Project Advisor, PE
$0 _ $ni
$0',
$0
$0
0
Sr. Project Manager, PE
! $0 $0
$0'
$0
T -rn $0
0
Sr. Con struction Manager
$40 $105,000
- -
$0',
$0
$145,000
0
Pro ram Mana er __ _.-
$0 W
$0
$Q
$0
0
Project Manager
- -
- �---
4 $0, -
-
-- 0
$0
-- -
- -- $0
0
Construction Manager
$27,720i $69,300 -
K
$0
$97,020
0
Assistant Construction Mana er
i $0 $0
$0
$0
-
$0
0
Su eriniendent --
--
- $0 - $0'
$0
$0
- - - -- _ -_ $0
0
0
Assistant Superintendent . _
Pro ject Scheduler
$0 $0
- - _..._-
$0
-_
-__
$0
$0
0
Scheduler 11
-�
- --
$0
0
0
0
Quality Control/Inspector _
Constructabilit Reviewer
MEP Consultant
- _
—
$0; $Q :
i $0; $0
$0
_ $0'
so _
$0
$0
$0
$0
., - $0
$0
_ _ _
$p
0
Chief Estimatof --
_
$3,060 _ $7,71 $0
-_ - ._.
$0
_
$10 ,771
0
Senior Estimator
$
T
$
$0
- $0
0
----- -
Estimator III —
-
- --
- --
$p, _ _ $Q
-
$0
$0
_ - __
T $Q
0
Estimator II
_
! $0'
$0
0
0
Estimator l
Administrative Assistant _
$D; - -- $0 - _
r - �
LL �
$� --
$0
$0
$0
0
CM Intern
TO $0!
$0',
$0
$0
Manhour Subtotal
, $74,420' $186,598
$0
$ 0
$261,018
$0
D PROJECT SPECIFIC
—_
- - - -
— - - -- -
$0 $
0
-- $0'
- - -- $0
$0
$0i $0!
$0 o : --
$0.
$0. $o•
fi — --- rt -
_ - --
$0 -- $0
- $0
$0
$0
- --}
$o
$0
. -- -
$0
$0
$0
$fl
$0
_ $0
$0
$o
$n
- - -- $0
_-
-
_
-
$fl'
$0
$0 _ $oT
$D; $D
$o
$0
$o
$0
-� $o
$D
E GENERAL CONDITIONS
$0`
$o $o.
$0!
$o
$o
so!
$D'
$0' $0!
$0 $o�
__ $o'
$DI
$o
$o
$o
$o
Project Specific Subtotal;
$0 $0
$0
$0
$0
Yearly Estimate Totals!
TOW Manhours
Avg Bill Rate
.$74, $186,5981 -__ $0'
0 Project Total
#DIV10!
$0;
$261,018
$261,018
Total MH Avg Rate
44 $186.96
0 #DIV /0!
0 #DIV /0!
1,400 $103.57
0 #DIVlO!
0 #DIVJ0!
852 $113.87
0 #DIV /0!
0 #DIV /O!
0 #DIV /o!
0 #DIV/0!
0 #DIV /O!
0 #DiV1O!
0 #DIVIo!
0 #DIV /0!
68 $158.40
D #Diva
0 #DIV /0I
0 #DIV /0!
0 #DIV /0!
0 #DIV10!
0 #DIV10!
0 #DIV10!
2,364
Attachment 1 ON Stevens Proj 8306 MH Estimate Current Rev 1 6/22/2011